Madhya Pradesh High Court
Gajadhar Singh vs The State Of Madhya Pradesh on 22 February, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 291 of 2015
(GAJADHAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 22-02-2023
Shri Sanjay Gupta, learned counsel for the appellants.
Ms. Anjali Gyanani, learned Public Prosecutor for the respondent-State.
Heard on I.A. No.3952/2023, second application & I.A. No.3886/2023,
third application under Section 389 of Cr.P.C. for suspension of sentence and
grant of bail filed on behalf of appellant No.2-Keshari Singh Gurjar & appellant
No.3-Amol Singh Gurjar respectively.
Appellants stands convicted under Section 302/149 of IPC and
sentenced to undergo LI with fine of Rs.5000/-, Section 148 of IPC and
sentenced to undergo 01 year's RI with fine of Rs.1000/-, Section 325/149 of
IPC and sentenced to undergo 02 years' RI with fine of Rs.1000/- and under
Section 323/149 of IPC and sentenced to undergo 04 months' RI with fine of
Rs.500/- with default stipulations respectively vide judgment of conviction and
order of sentence dated 12/03/15 passed in S.T.No.138/2005 passed by
Additional Sessions Judge to the Court of Additional Sessions Judge, Sironj
District Vidisha.
Learned counsel for the appellants submits that appellants are innocent
and has been falsely implicated in the crime. In the evidence of the injured eye
witnesses namely Machla Bai (PW-3), Bhopal (PW-7) and Parvat Singh (PW-
1), there is no specific allegation against present appellants about their
participation in the crime. It is alleged that lathi were recovered from them but
no human blood could be found on that stick, in the FSL report. The appellants
have suffered incarceration for about 08 years. There are fair chances of
success of appeal. It is further submitted that benefit of suspension of sentence
has been extended to co-accused persons namely Gajadhar, Jamnalal, Pahalwan
Singh & Gangaram vide orders dated 14/02/2023, 12/05/2017 & 15/11/2016 in
this appeal, Balveer vide order dated 1/3/2019 in connected Cr.A. No.375/2015
& Najam Singh vide order dated 21/04/2017 in connected Cr.A No.330/2015
under similar circumstances, therefore, he seeks parity. Under these
circumstances, appellant No.2&3 pray for bail and suspension of execution of
jail sentence.
Learned Public Prosecutor for the State opposes the application and
prayed for its dismissal.
Considering the submissions made by learned counsel for the appellants
and further looking to the fact that there is no likelihood of early disposal of the
appeal in near future as well as maintaining parity with co-accused Gajadhar,
Jamnalal, Pahalwan Singh, Gangaram, Balveer & Najam Singh (Supra), this
court is inclined to suspend the jail sentence and grant bail to appellant No.2&3
namely Keshari Singh Gurjar & Amol Singh Gurjar.
Accordingly, I.A. No.3952/2023 & I.A. No.3886/2023 are allowed and it
is directed that the jail sentence of appellant No.2 &3 namely Keshari Singh
Gurjar & Amol Singh Gurjar shall remain suspended during pendency of
present appeal and they be released on bail on their furnishing a personal bond
in the sum of Rs.1,00,000/- (Rupees One Lac only) each with one solvent
surety in the like amount to the satisfaction of the trial Court subject to
verification of factum regarding deposit of fine amount. Appellants No.2&3 are
directed to appear before the Registry of this Court first on 10/04/2023 and on
other subsequent dates as may be fixed in this behalf with following further
conditions:-
( i) the concerned jail authorities are directed that before
releasing the appellant No.2&3, the medical examination of
appellant No.2&3 be conducted through the jail doctor and if
it is prima facie found that he is having any symptoms of
COVID-19, then the consequential follow up action or any
further test required be undertaken immediately. If not,
appellant No.2&3 shall be released on bail in terms of the
conditions imposed in this order ;
(ii) violation of conditions, State is free to apply for
cancellation of bail.
Accordingly, I.A. No.3952/2023 & I.A. No.3886/2023 stand disposed
of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.As. and shall have no bearing on the merits of the appeal.
Let a copy of this order be sent to the concerned trial Court for
compliance.
Certified copy as per rules.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
(Dubey)
PRACHI MISHRA
2023.02.23
13:23:34 -08'00'
